My judge has suddenly decided that ALL DWI firsts must do 72 consecutive hours in jail. That isn't my read on the statute, at least not when the defendant is receiving a longer sentence which is probated.

I've been wrong before, and will be again; what are others doing? - The reason for asking is that I deal with many out of town / out of state defendants, and this is going to be a deal breaker for many of them.

As noted in the TDCAA Legislative Update, page 24, HB 157 amended article 42.12, sec. 13, CCP, to change mandatory three days jail confinement as a condition of probation for a 2nd DWI conviction to 72 hours of continuous confinement.

The change doesn't apply to a straight conviction, only time served as a condition of probation.

Our judge imposes 3 days on a first (if there is an open container it's 6 days)and 10 on a 2nd. Seen it waived on the rare occasion that the Def. has a pretty bad medical condition, but it better be bad AND he/she better bring proof.

I would have to say that it probably makes a few that would normally plea go to trial but by and large, I think that DWI's are so contentious as it is and there is so much at stake for the Def. in addition to 3 days, it was probably going to go anyways. If we had the ability to waive the 3 days, it might be the deciding factor in a very small percentage of cases, but truth be told, if we could do that, then just about everyone of them would want it.

I like it that it's out of our hands. Just be sure and ask for more than 3(6/10) if the case actually goes to trial.

I have to agree that it is not required for first offenders. I wonder if the jail time requirement has any impact on the recidivism rate of those offenders?